hek vs mbna (virgin)

[hek]

Hi there.

 

This is 2nd attempt at getting money back, been through it with 3 barclays accounts and claimed back over £6000.

 

Now we have started on virgin.

 

I sent off the SAR a few weeks ago and received a letter today, with statements offering a goodwill gesture of less than the amount we're owed.

 

I have adjusted the acceptance/non acceptance of offer letter as follows.

 

Response to settlement offer.

 

Dear Rachel Claridge

Thank you for your letter dated 15th February 2007.

 

I respectfully decline your offer as Full and Final settlement and request, that you return to me all charges imposed on this account, totalling £500.50

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

If you do not accept my conditions, or you do not respond within 14 days, I wish to stress that I do not accept your offer and the money transferred to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.

I shall also begin a claim against you for the full amount plus interest plus my costs and without further notice.

I trust this clarifies my position.

 

Yours faithfully,

HEK

Is this okay or should I be doing it as a preliminary rather than a letter before action, I don't want to be accused of not giving them reasonable time to respond, bearing in mind the only letter we've sent so far is the SAR.

any help greatfully recieved.

HEK.

[boingboing]

Hi there.

 

 

I respectfully decline your offer as Full and Final settlement and request, that you return to me all charges imposed on this account, totalling £500.50

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

If you do not accept my conditions, or you do not respond within 14 days, I wish to stress that I do not accept your offer and the money transferred to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.

 

I shall also begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

IMHO I would say I accept the sum offered without prejudice as partial settlement and will persue recovery of the remainder through County Court. (or however it's worded on the CAG letter)

I wouldn't include ALL the statements you have in your letter as it looks a little confusing to me and you need this letter to be very clear as it's your letter before action.

Hope I made sense, and good luck

W x